IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.14090 OF 2019 (LB-RES) BETWEEN:
Sri. Yadukumar, Son of Late Gurusiddappa, Aged about 49 years, Residing at near Ganapathi Temple, B.H.Road, Vinobanagar, Opposite Yethi Jewelers, Tumakuru-572 102. ... Petitioner (By Sri. Fayaz Sab.B.G, Advocate) AND:
1. The State of Karnataka, Represented by its Secretary, Department of Urban Development, Multi Storied Building, Bengaluru-560 001.
2. The Commissioner, Tumakuru Mahanagara Palike, Town Hall, Tumakuru-572 101.
3. The Assistant Executive Engineer, Tumakuru Mahanagara Palike, Town Hall, Tumakuru-572 101. ...Respondents (By Sri. M.A.Subramani, HCGP for R1;
Sri. R.Subramanya, Advocate for R2 and R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for the entire records pertaining to the case of the petitioner and etc., This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R This writ petition is filed challenging the notice dated 09.01.2019 and 16.03.2019 produced as Annexures-G and L respectively.
2. The case of the petitioner is that the petitioner is an absolute owner of the immovable property bearing Survey No.27/1c measuring 0-25 guntas situated Lingapura village, Kasaba Hobli, Tumakuru. Originally this property belongs to one, Sri Byrashetty, he sold this property in favour of Sri Lakshminarayana Shetty and he inturn sold the said property to the petitioner.
3. One, Sri T.C.Sunil, who is an adjacent owner of the petitioner property, gave a complaint to the Corporation stating that the petitioner has made an illegal construction. On the basis of that complaint, the third respondent-Corporation has issued a notice dated 09.01.2019 calling upon the petitioner to remove the illegal construction on the public road. Pursuant to that notice, the petitioner has given a reply dated 16.01.2019 vide Annexure-H along with the necessary documents. Subsequently, the Corporation has issued a notice dated 16.03.2019 calling upon the petitioner to remove that illegal construction on the disputed property and also directed that if the petitioner does not comply the same within seven days, the action will be taken under Sections 288(D) and 321 of the Karnataka Municipal Corporations Act, 1976.
4. It is not in dispute that pursuant to the notice dated 09.01.2019, the petitioner has submitted a reply dated 16.01.2019 along with necessary documents. The impugned notice at Annexures-G and L are only show-cause notice. Pursuant to that notice, the petitioner has given reply dated 16.01.2019. Under these circumstances, I am directing the Corporation to consider the reply submitted by the petitioner and to take a decision in accordance with law. It is needless to mention that before taking any decision, opportunity shall be provided for the petitioner.
With the above observation, the writ petition is disposed of.
In view of the above, the question of considering I.A.No.1/2019 for impleading does not arise and the same is disposed of accordingly.
Sd/-
JUDGE RB